Very urgent: priority date carryover 485 case was refused to be processed

#1
I've just heard from the attorney that Nebraska service center refused to process my i485 application and the mail was returned with the reason that the priority date was not current.
My case is a priority date carryover case, i.e. I have two LCs, the EB-3 one has priority date as Nov, 2004, and the EB-2 one has priority date as Sep, 2005.
I am chinese and now the EB-2 cutoff date of china is April, 2005.


Would you pls help to analyse if my case is OK? And what should I do under current situation?

Thanks in advance.
wind
 
#2
has anyone filed priority date carryover case recently?

has anyone filed priority date carryover case recently?
Do you have any idea what kind of issues I should pay more attention later?

Thanks.
 
#3
Same here

My I485 application has been returned on the same grounds. Could you let me know if you could do anything about it..
Thanks
 

gmr

Registered Users (C)
#4
Hi,
I was browsing through this forum and saw your posting. My case also was
a carry fwd PD case, and NSC accepted my application and I got my EAD's as well. But can you tell me do you have 140 approved based on the earlier labor that has the Nov 2004 date?

Thanks,
GMR


windblow said:
I've just heard from the attorney that Nebraska service center refused to process my i485 application and the mail was returned with the reason that the priority date was not current.
My case is a priority date carryover case, i.e. I have two LCs, the EB-3 one has priority date as Nov, 2004, and the EB-2 one has priority date as Sep, 2005.
I am chinese and now the EB-2 cutoff date of china is April, 2005.


Would you pls help to analyse if my case is OK? And what should I do under current situation?

Thanks in advance.
wind
 

Southhuntington

Registered Users (C)
#5
The priority date is established by the approval of I-140. So you file I485 by using priority date carryover only when you have both I140 approved.
 
#6
Hi,
Thanks for your reply. My previous I140 was approved back in 2001. I did concurent filing now since priority date is current. I also attached the previous approval notice. But NSC said the priority date is not current.
Can we do concurrent filing or should we first get new I140 approved.
Thanks.
 

gmr

Registered Users (C)
#7
Yes, you should be able to file concurrently, if the PD on the previously approved 140 is current and not been revoked by your employer. Atleast I was able to. Can you provide your exact details like the PD on the approved 140 and your nationlaity and the 2nd labors category whether it is EB2 or EB3


Thanks,
GMR




kss100 said:
Hi,
Thanks for your reply. My previous I140 was approved back in 2001. I did concurent filing now since priority date is current. I also attached the previous approval notice. But NSC said the priority date is not current.
Can we do concurrent filing or should we first get new I140 approved.
Thanks.
 
#9
My carryover 485 case has been re-submitted, but no receipt or cashout info yet

About my case, I have two 140 approved.
EB3: LC priority date: Nov, 2004
140 approved on: Sep, 2006
EB2: LC priority date: Sep, 2005
140 approved on: April, 2006.

The 485 case has been sent to NSC in Sep, 2006, and returned in Nov, 2006.
My attorney has helped to re-submitted the case on Nov 8, 2006.
But so far I didn't get any info about it. No receipt and no check cash out.

My attorney helped to rewrite the cover letter, to clarify the process of two 140 petition. And I think it is important to explain that the earliest priority date of EB3 is requested be used as the priority date of BE2.
 
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